HB 242 establishes board certification of massage therapy educational programs, within and outside the state, which meet the standards for training and curriculum set by the rules of the Georgia Board of Massage Therapy. The bill allows the board to request on-site inspections of massage therapy businesses and requires these businesses to continuously maintain liability insurance coverage for bodily injuries and property damages. Further, massage therapy businesses must comply with appropriate advertising. The bill increases fines for non-compliance and unlawful acts.  A provision was added that allows local governments to run criminal background checks on owners and employees.  The massage therapists themselves will undergo a criminal background check through the secretary of state.

This bill would expand the definition of "dealers" who are required to collect sales taxes to include "marketplace facilitators", such as online platforms that allow vendors to sell goods or services through those platforms. Annual sales via such a platform of $100,000 or more into Georgia would require the facilitator to collect and remit all state and local sales taxes on all such sales. Franchising operations that have at least $500 million in annual Georgia sales (such as large hotel chains) can decide to have their franchisees collect sales taxes rather than having the franchisor be considered a marketplace facilitator.

Following up on last session's HB 489, this bill makes changes to local requirements on posting bids and proposals on the Georgia Procurement Registry (GPR).  Under current law, if a local government extends a bid or proposal for goods or services valued at over $10,000, they must also advertise them on the GPR.  This bill increases that monetary threshold to only goods or services valued at over $100,000.  In return, however, locals must advertise the bid/proposal on the GPR for the same period of time “as set by ordinance or practice” of the local government.       

This legislation requires local governments which impose regulatory fees or requirements to establish and make available a list of such fees/requirements and all of the documentation required of an applicant.   The local government has five business days to notify the applicant whether an application is complete.  Once the application is complete, the city or county must inform the applicant whether the regulatory function can be completed within 30 days (that includes the 5 days above) for plan review, or within two business days for inspection of receiving a valid written request for inspection.  If the city or county determines they cannot provide said actions within the above time frames, the applicant may then retain, at its own expense, a private professional provider to perform the plan review or inspection (so long as they don't have a financial interest nor are affiliated in the project under review).  If that option is selected by the applicant, the local government regulatory fees will be reduced by 50 percent.  Even if the local government determines that they can perform the plan review or inspection within the above time frames, the applicant may nonetheless select a private professional to conduct the services, but will pay the city or county 100 percent of its "convenience" fees.  In addition, HB 493: 

• Allows local governments to pre-qualify companies that choose to handle permit reviews;
• Requires a local government finding a deficiency in a permit review to provide a written notice of the deficiency within 30 days to allow the private plan review professional to either correct the deficiency or dispute it;
• Requires a local government finding a deficiency in any inspection to provide a written notice of the deficiency within 2 days to allow the private plan review professional to either correct the deficiency or dispute it;
• Retains the ability of local governments to issue stop-work orders when problems arise; and 
• Keeps the granting of a certificate of occupancy with the local government.

Lastly, under the state's soil erosion and sedimentation (E&S) law, the bill now authorizes counties and cities to become local permit issuing authorities if they can demonstrate that they "contract" with qualified personnel to implement local E&S ordinances.  Current law requires the local government to "employ" said personnel. This allows another option from having to rely on the local soil and water conservation district to issue permits.            

This legislation prohibits a property owner, whether residential or commercial, from bringing a nuisance action against any kind of agricultural facility or operation unless they are within 5 miles of the source of the alleged nuisance activity. The lawsuit is allowed to be filed within two years after the nuisance occurs. 

This legislation keeps in place the ability to file a nuisance action when a nuisance results from the negligent, improper, or illegal operation of any agricultural facility or operation.